Scammed by a local phone dealer. Charged for the things not purchased/refused refund.

[Tushar S]

What is the name of your state (only U.S. law)? New york

Hi,

Appologies for the long post. But would appreciate if you read it and provide a suggestion as I feel totally cheated right now.

I went to a store in New york near penn station. I wanted to purchase samsung galaxy s3. I asked them for a quote for samsung galaxy s3 They said it is 350$ unlocked version. I was okay with that and I said Iw ill go ahead with the purchase. He told me that He will unlock it for me, I said fine. I rechecked with him is all included in 350$. To which he replied in affirmative. So he went ahead and said that he is unlocking it and registering my product with samsung. He asked my email id and personal identification. I provided him that. Then he went to his system with the phone and told me that it is registered. He than asked me how I was paying, I told by credit card. I reconfirmed it if it was being swiped for 350$. Which he said yes. He swiped it and gave me a receipt to sign. When I looked at it He told me that he has swiped it for 538$ . I asked him to explain the charge, He said that it was for samsung registration (89$) and unlocking (60$). To which I was shocked.

I entered into argument with him, how can he charge my credit card before disclosing the amount. He said that it is already charged now. I told him that I do not want the product. He said that he is ready to take the product back but he will refund only 350$ and he will not refund the rest as he has used it for samsung. I was not ready to sign the receipt. After half an hour of conversation he said that he will give me a free case, a screen guard and a 60$ store credit as well. I was totally exhausted with this conversation and I had to sign the receipt. I then went and checked with samsung if my phone is registered (I did not switch on the phone) They said that they have not received any request for registring the phone. I checked with them if they charge anything for registration, to which they denied.

I went back to the seller to ask him why did he claim that he has registered the cellphone and charged me for that. To which he denied saying anything like that. And he then gave a bill to me that did not have any mention of samsung registration and unlocking charges. What he had charged was for phone (300$) , Phone case which he had agreed to give it for free ( 49$) , Screen guard which he had agreed to give for free ( 30$). and 60 $ store credit (that I can avail anytime in the store). I was debating with him in vain. But he was in complete denial mode.

Not sure how to get this resolved. Should I raise a dispute with credit card company? What are the chances of getting the money and peace of mind back? How to teach such scamsters a lesson? Whom should I approach. Is there an easy way to approach this that will not cost me more time and money?

I read the reviews about the store later, and many people have complained something similar. Now I am not sure If I should even start using the phone. Please suggest

Thanks,
Tushar S

 

[swalsh411]

I had to sign the receipt.

No you didn't.

You agreed to pay $538. It wasn't an unauthorized charge.

You should have walked out the second something sounded fishy.

 

[Ohiogal]

Maybe I can't add but none of those numbers add up to 538.

350$. Which he said yes. He swiped it and gave me a receipt to sign. When I looked at it He told me that he has swiped it for 538$ . I asked him to explain the charge, He said that it was for samsung registration (89$) and unlocking (60$).

And then:

phone (300$) , Phone case which he had agreed to give it for free ( 49$) , Screen guard which he had agreed to give for free ( 30$). and 60 $ store credit (that I can avail anytime in the store).

 

[swalsh411]

There is no law that says the receipt has to match the amount of the credit card charge.

The OP authorized $538. Unless he had a gun to his head or locked in a room until he signed the charge slip, he could have just left.

 

[Mass_Shyster]

Should I raise a dispute with credit card company?

Yup.

What are the chances of getting the money

Pretty good if you didn't get what you paid for

and peace of mind back?

I have no way to answer that

How to teach such scamsters a lesson? Whom should I approach. Is there an easy way to approach this that will not cost me more time and money?

You can report the scam to law enforcement.

 

[Zigner]

You can report the scam to law enforcement.

Please don't encourage the OP to waste the time of law enforcement for what is strictly a civil matter.

 

[Mass_Shyster]

Please don't encourage the OP to waste the time of law enforcement for what is strictly a civil matter.

If OP's version of what happened is to be believed, the seller committed fraud, which is a crime in most jurisdictions. Law Enforcement doesn't usually get involved for a single instance, incorrectly labeling it a civil matter. When enough citizens complain, they may investigate.

 

[Zigner]

If OP's version of what happened is to be believed, the seller committed fraud, which is a crime in most jurisdictions. Law Enforcement doesn't usually get involved for a single instance, incorrectly labeling it a civil matter. When enough citizens complain, they may investigate.

The seller did NOT commit criminal fraud (as evidenced by the signed charge slip). This is PURELY a civil matter.

 

[Just Blue]

If OP's version of what happened is to be believed, the seller committed fraud, which is a crime in most jurisdictions. Law Enforcement doesn't usually get involved for a single instance, incorrectly labeling it a civil matter. When enough citizens complain, they may investigate.

But the OP signed the CC slip.

After half an hour of conversation he said that he will give me a free case, a screen guard and a 60$ store credit as well. I was totally exhausted with this conversation and I had to sign the receipt.

OP had an option to not sign and take the item.

But OP did and as I understand NY Law OP option is to sue in Civil Court.

 

[Mass_Shyster]

The seller did NOT commit criminal fraud (as evidenced by the signed charge slip). This is PURELY a civil matter.

I reconfirmed it if it was being swiped for 350$. Which he said yes. He swiped it and gave me a receipt to sign. When I looked at it He told me that he has swiped it for 538$

The fraud was committed when the card was swiped for $538. You can't un-commit a crime by having the victim sign the credit card slip any more than you can un-rob a bank by returning the money.

 

[Zigner]

The fraud was committed when the card was swiped for $538. You can't un-commit a crime by having the victim sign the credit card slip any more than you can un-rob a bank by returning the money.

The signature on the credit slip shows that this was NOT fraud. The OP AGREED TO PAY THE AMOUNT by signing the slip (that's what the slip says and the signature indicates.)

It was not criminal fraud...it simply was not. The OP AGREED to the amount.

 

[ecmst12]

If he didn't want to pay the charge, he refuses to take the phone and gets the charge refunded. If he wants the phone and the services, he has to pay for them.

 

[Tushar S]

Well. I agree It was my mistake of signing the receipt. But the receipt that I was signing was for the 84$ Amazon charge, and 60 $ Unlocking , 350 $ phone + nyc 8.85% tax that comes approximately to 538 $ . I had argued that I had asked for 350 and you never told me these additional charges.
I also refused to take the product. I am not aware about how credit card systems work in US. So he told me that I have swiped the card and there is no way I can get my money back and I believed that. It was a deadlock situation , I thought that there is no way out but to sign it. Since he said that the money was going to Samsung for unlocking and registration that I believed.
The receipt I signed was not for the phone cover, or screen guard or store credit.

Later when I got out of the store I checked with and found out that samsung doesnt charge anything for registration, So I felt totally conned.

Then I went to the store in the afternoon He gave me the detailed bil, which he didnt give me before saying he forgot it. And it gave the break up as
300 $ phone
60$ unlocking
24 $ screen guard
49 $ Phone cover
60$ store credit
and remaining tax which comes to around 538.

Now there is no way I am going to buy store credit right? or a phone cover that looks like a 3$ for 49$, Screen guard I never received. And the unlocked phone price was supposed to be 350 so there is no question of purchasing it.

Later I read the reviews of the store and found out that, multiple people have been conned this way. This is total fraud.

Hence requesting your assistance. Again, I agreed to sign the receipt as I was been told that I am being charged by samsung for 84$, and 60$. The other items were supposed to be given free as per the dealer due to his misundertanding. Misunderstanding I agree, but he totally lied on face that he is charging 84$ for registration and 60 $ for unlocking.

I agree that I should have walked out of store, or not signed the receipt. I was a little naive in not doing that. But that has already happened. I right now just want to know what should be my next steps. Please suggest

 

[swalsh411]

What part of "You agreed to the $528 charge." don't you understand?

File a dispute with your credit card company but I wouldn't expect to win considering the merchant will have a credit card slip with your signature authorizing a payment of $528.

The receipt he gave you matches what was charged to your card. That you feel his fees are too high is not relevant. It's perfectly legal to charge an exorbitant fee to perform a service. (unlocking and registration)

 

[Tushar S]

What part of "You agreed to the $528 charge." don't you understand?

I agreed to sign it for unlocking and registering. This doesn't reflect in the bill. The receipt doesnt talk about it.

The receipt he gave you matches what was charged to your card.

Agreed, But I was tricked into signing it after being given false information about the charges [/QUOTE]

That you feel his fees are too high is not relevant. It's perfectly legal to charge an exorbitant fee to perform a service. (unlocking and registration)

There is no mention of unlocking and registration in the receipt.